A review of structures and strategies to prevent, investigate and penalise economic crime and corruption - Implementation Plan - Anti-Corruption ...
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A review of structures and strategies to prevent, investigate and penalise economic crime and corruption Implementation Plan
Background
The Hamilton Review Group’s recommendations consist of a broad range of short, medium
and long-term measures to enhance the capacities of the relevant agencies and Government
Departments1 to combat economic crime and corruption across legislative, policy and
regulatory fields. The introduction and implementation of new anti-corruption and anti-fraud
measures informed by the recommendations contained in the Hamilton Review Group Report,
is a commitment contained in the Programme for Government. This action plan for the
implementation of the recommendations of the Hamilton Review Group is set out under the
following themes:
1) Structural/Systemic
2) Resourcing
3) Legislative
1. ST R U CT UR AL /SYST EM IC R ECOMM END AT ION S
Establish at the centre of Government and on a permanent basis a cross-sectoral
partnership based Advisory Council against Economic Crime and Corruption to
1
advise and make proposals on strategic and policy responses to economic crime
and corruption.
Steps Necessary for Delivery Timeline Responsible Body
Draft and consult on the terms of reference for
the Advisory Council to address ownership, Q1 2021 DOJ
functions, structures, reporting, accountability.
Lead Department and terms of reference agreed Q2 2021 DOJ
Select and, subject to Government approval,
appoint Council Chairperson and members of Q3 2021 Lead Department (LD)
the Advisory Council
Put in place Council executive support team Q3 2021 LD
1 See Appendix I for a list of initialisms and acronyms of the relevant agencies and Government Departments referred to
in the implementation plan
——
2Develop a multi-annual strategy for combatting economic crime and corruption and
2
an accompanying action plan.
Steps Necessary for Delivery Timeline Responsible Body
Consult with key stakeholders on the
preparation of a multi-agency strategy and Q4 2021 LD/Advisory Council
action plan
Conduct public consultation on the development
of a multi-annual strategy to combat economic Q4 2021 LD/Advisory Council
crime and corruption
Prepare draft strategy and action plan Q1 2022 LD/Advisory Council
Submit strategy and action plan to Government
Q1 2022 LD/Advisory Council
for approval
Establish on a formal and permanent basis, a forum of senior representatives from
3
the relevant bodies2.
Steps Necessary for Delivery Timeline Responsible Body
Invite members to be part of forum of senior DOJ and Operational
Q1 2021
representatives bodies
Prepare draft terms of reference for Forum Q1 2021 DOJ/relevant bodies
Agree forum Chair Q2 2021 DOJ/relevant bodies
Terms of reference agreed Q2 2021 DOJ/relevant bodies
Schedule first meeting of forum Q2 2021 DOJ
2. R ESO U RC ING R EC OMM END AT IO N S
Develop a long term strategic plan to ensure adequate resources are available to
4
the Garda National Economic Crime Bureau (GNECB).
Steps Necessary for Delivery Timeline Responsible Body
Develop plan for phased increase of resources
Q2 2021 AGS
within GNECB
Separately identify the relevant Garda
Síochána resources to be seconded to
Q2 2021 AGS/DETE/ODCE/DOJ
ODCE/CEA in line with AGS’ new operating
model and in keeping with the ODCE/CEA’s
2 Including An Garda Síochána (GNECB), CBI, CCPC, ODCE, ODPP, Revenue, SIPO
——
3statutory functions and Government’s vision for
the new CEA
Submit plan for approval by Policing
Q2 2021 AGS
Authority/DOJ
Prepare and submit business case to DPER for
appropriate resources in line with Estimates end July 2021 AGS/DOJ
process
Review the capacity of the Standards in Public Office Commission (SIPO) to ensure
5 that resources allocated to the Ombudsman, to meet the budgetary needs of SIPO,
are ring-fenced for use, for that purpose alone.
Steps Necessary for Delivery Timeline Responsible Body
Review resource levels within SIPO in tandem
Q3 2021 SIPO/DPER
with the review of the Ethics legislation
Provide for SIPO budget allocation separately in
Q4 2021 DPER
Estimates process
Review the resourcing of the Office of the Director of Public Prosecutions (ODPP)
6 to manage and support the prosecution of financial crime.
Steps Necessary for Delivery Timeline Responsible Body
Develop plan for phased increase of resources
Q2 2021 ODPP
in ODPP in respect of financial crime
Prepare and submit business case to DPER in
end July 2021 ODPP/DPER
line with the Estimates process
Develop a formal and continuous joint training programme for investigators of
7 economic crime and corruption.
Steps Necessary for Delivery Timeline Responsible Body
Consult with relevant stakeholders on training
Q3 2021 Forum
needs
Examine existing training programmes in other
Q3 2021 Forum
jurisdictions
Develop suitable training programme and agree
Q4 2021 Forum
with stakeholders
——
4Engage with the judiciary on the development of judicial training in respect of
8 complex economic crime /corruption cases, and on the possibility of judicial
specialisation in this area.
Steps Necessary for Delivery Timeline Responsible Body
Refer action to the Judicial Council and engage
on whether such training is envisaged by the Q1 2021 DOJ/Judicial Council
Council’s Judicial Studies Committee.
Develop a centralised Government framework for the procurement of electronic
9 documentary analysis and e-disclosure systems, which can be accessed by the
relevant law enforcement bodies on a shared basis as required.
Steps Necessary for Delivery Timeline Responsible Body
Develop RFT for framework and engage with
Q2 2022 DPER/Forum
OGP to undertake procurement process
Evaluate tenders and agree contract Q3 2022 DPER/Forum/OGP
3. L EG ISL AT IVE R EC OMM END AT IO N S
Conduct a comprehensive review of any legislation necessary to facilitate the
optimal exchange of information and intelligence between investigative agencies
10 to ensure the necessary clarity on the respective roles and powers of agency
personnel under a Joint Agency Task Force model.
Steps Necessary for Delivery Timeline Responsible Body
Agree the type of information and intelligence
Q3 2021 DOJ/Forum
required to be shared
Examine existing legislation enabling the sharing
of information between investigative agencies Q3 2021 DOJ/Forum
and identify any gaps arising
Develop proposals to bridge any legislative gaps
identified relating to the sharing of information Q4 2021 DOJ/Forum
and intelligence
——
511 Publish and enact the Criminal Procedure Bill.
Steps Necessary for Delivery Timeline Responsible Body
Finalise the Scheme of the Bill Q4 2020 DOJ
Seek Government approval for drafting of Bill Q1 2021 DOJ
Progress the Bill through the Oireachtas to
Q3 2021 DOJ
enactment
Conduct a review of Ethics in Public Office as set out in the Programme for
Government with a view to strengthening the law relating to ethics in public office
12 including to address misconduct by former members of the Oireachtas/Office
holders
Steps Necessary for Delivery Timeline Responsible Body
Commence review of Ethics Framework Q2 2021 DPER
Complete review of Ethics framework Q4 2021 DPER
Prepare Scheme of new Ethics Bill and seek
Government approval for drafting of Bill Q1/Q2 2022 DPER
Progress the Bill through the Oireachtas to
asap thereafter DPER
enactment
Amend section 17 of the Criminal Justice (Money Laundering and Terrorist
13 Financing) Act 2010 to allow judges exercise the discretion to impose a timeframe
of up to six months for a freezing order.
Steps Necessary for Delivery Timeline Responsible Body
Develop policy basis for amendment Q2 2021 DOJ
Seek legal advice on this recommendation, if
Q3 2021 DOJ
necessary
Develop proposed amendment of section 17 and
Q4 2021 DOJ
identify suitable Bill to progress same
——
6Extend the powers conferred on An Garda Síochána and the Revenue
Commissioners under the Criminal Justice (Surveillance) Act 2009 to other
14 appropriate bodies that have a statutory remit to investigate economic crime
or corruption in line with international best practice.
Steps Necessary for Delivery Timeline Responsible Body
Develop policy basis for amendment to include DOJ/relevant
Q2 2021
consultation with relevant agencies agencies
Seek legal advice on this recommendation Q3 2021 DOJ
Develop appropriate amendment to the 2009 Act
Q4 2021 DOJ
and identify suitable Bill to progress same
Consider amendments to legislation relating to warrants in line with
15 technological advancements to address issues relating to privacy rights.
Steps Necessary for Delivery Timeline Responsible Body
Include proposed amendments in the General
Scheme of the Police Powers Bill Q1 2021 DOJ
Draft and Enact Police Powers Bill Q3 2022 DOJ
Amend competition law to create a specific offence of bid-rigging or, in the
16 alternative, specify bid-rigging as an offence as a form of market sharing.
Steps Necessary for Delivery Timeline Responsible Body
General Scheme of Competition (Amendment)
Q4 2020 DETE
Bill approved by Government
Bill approved by Government Q2 2021 DETE
Bill enacted Q2 2021 DETE
Introduce legislation to enable the collection, collation and analysis of all public
17 procurement data to detect and deter bid-rigging.
Steps Necessary for Delivery Timeline Responsible Body
Consult with relevant agencies on the legislation
Q3 2021 DOJ/Forum
required to deliver this recommendation
Identify relevant responsible bodies to progress Q3 2021 DOJ/Advisory Council
——
7Establish a statutory framework to allow various relevant agencies to enter
18 agreements or sign up to Memoranda of Understanding (MOU) that refer explicitly
to information sharing.
Steps Necessary for Delivery Timeline Responsible Body
Consult with relevant agencies on the type of
Q3 2021 DOJ/Forum
statutory framework required
Seek legal advice on the agreed proposed
Q4 2021 DOJ/Forum
statutory framework, if required.
Develop legislative proposals to deliver on the
proposed framework and identify suitable Bill to Q4 2021 DOJ/Forum
progress same
Amend “Custody Regulations” to allow An Garda Síochána to engage an expert
19 from any statutorily-mandated regulatory or investigative body, or an
independent expert, to participate in interviewing a detained suspect.
Steps Necessary for Delivery Timeline Responsible Body
Consultation with stakeholders to identify which
specific non-Garda experts should be permitted to Q1 2021 DOJ
participate in interview and the circumstances.
Draft amendments for inclusion in the Police
Q3 2021 DOJ
Powers Bill
Enactment of the Police Powers Bill Q3 2022 DOJ
Amend the Criminal Justice (Corruption Offences) Act 2018 and the Criminal
Justice (Miscellaneous Provisions) Act, 1997 to include a provision for
20 standalone search warrants that will allow any investigating member(s) of An
Garda Síochána to require persons subject to arrest warrants to provide the
passwords to electronic devices owned or controlled by them.
Steps Necessary for Delivery Timeline Responsible Body
Consult with AGS and ODCE/CEA in relation to
the proposed amendments Q2 2021 DOJ
Seek legal advice in relation to the proposed
Q3 2021 DOJ
amendment, if required
Develop proposed amendment to the Acts to
deliver this recommendation and identify suitable Q4 2021 DOJ
Bill to progress same
——
8Implement Law Reform Commission (LRC) recommendation to amend the relevant
21 provisions of the Criminal Justice (Theft and Fraud Offences) Act 2001 to enhance
the prosecution of fraud offences in this jurisdiction.
Steps Necessary for Delivery Timeline Responsible Body
Develop policy basis for amendment to include
Q2 2021 DOJ
consultation with relevant agencies
Seek legal advice in relation to the proposed
Q3 2021 DOJ
amendment, if required
Develop proposed amendment to the 2001 Act to
deliver this recommendation and identify suitable Q4 2021 DOJ
Bill to progress same
Consider extension of the powers of detention under section 50 of the
Criminal Justice Act 2007 (as amended) to appropriate fraud and corruption
22 related arrestable offences i.e. any offence that carries a term of
imprisonment of five years or more.
Steps Necessary for Delivery Timeline Responsible Body
Assess recommendation in the wider context of the
Police Powers Bill amendments and formulate Q2 2021 DOJ
policy position
Seek legal advice in relation to any new policy
Q3 2021 DOJ
proposal
——
9Appendix I: List of main initialisms and acronyms used in the implementation plan AGS An Garda Síochána CBI Central Bank of Ireland CCPC Competition and Consumer Protection Commission CEA Corporate Enforcement Authority DETE Department of Enterprise, Trade and Employment DOJ Department of Justice DPER Department of Public Expenditure and Reform GNECB Garda National Economic Crime Bureau ODCE Office of the Director of Corporate Enforcement ODPP Office of the Director of Public Prosecutions OGP Office of Government Procurement RFT Request for Tender SIPO Standards in Public Office Commission —— 10
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